DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over YAMASUMI (JP 2000068921 A) in view of Yao (US 2019/0394534).
Regarding claim 1, YAMASUMI discloses a system (fig. 1 and fig. 5) comprising: a user (UE) device (portable mobile satellite terminal/portable telephone terminal)( abstract, fig. 1 number 1, P:0002 lines 1-2, page 5, claims 1-4)( i.e. the satellite terminal 1 is regarded as a temporary base station, and a PHS or the like can be used outside the terrestrial cellular area which could communicate with a satellite 2 and ground station 32) (abstract, fig. 1 number 1, fig. 2 number 1, fig. 5 number 50, P:0002 lines 1-2, P:0011 lines 1-23 and page 5, claims 1-4) comprising: one or more network interfaces (antennas)(fig. 1 numbers 3, 5, fig. 5 number 34) including a first network interface (fig. 1 number 3 and fig. 5 number 34) configured to communicate with a satellite constellation (fig. 5 numbers 2 and 34) and a second network interface (antenna) (fig. 5 number 34) configured to communicate with one or more alternative gateways (ground exchange station) (ES)(fig. 5 numbers 32 and 34) that are communicatively coupled the satellite terminal (abstract and fig. 1 number 1) to a core network (public communication network) (fig. 5 number 31 and page 2 lines 9-10); and a processor (processing part) (fig. 2 number 52) coupled to the one or more network interfaces (ant)(fig. 2 number 5) and configured to operate as a virtual gateway (relay, i.e. a relay which has an entrance and an exit) to forward data for other users (mobile phone terminal) (fig. 5 number 10) between the core network and the satellite constellation without forwarding the data through one or more ground stations (i.e. A portable mobile satellite communication terminal according to the present invention is a portable mobile satellite communication terminal connected to a public communication network via a communication satellite and a satellite terrestrial base station, It is characterized by including a mobile telephone relay means for relaying the mobile telephone terminal wirelessly between mobile terminal 10 and the core network 31 and for using the satellite antenna 3 and/or 34 of the satellite terminal for relay satellite communication from the satellite 2 to mobile terminal 10, i.e. known in the art as device to device communication “d2d”, and/or satellite terminal to mobile terminal, i.e. sending data from satellite terminal to mobile terminal without forwarding the data through one or more ground stations) (fig. 1 number 2,3,5 and 10, fig. 5 numbers 10, 31, 34, 35, 50 and P:0011 lines 1-23 and page 5, claims 1-4). YAMASUMI differs from claim 1 of the present invention in that it does not explicit disclose the satellite terminal is a smart user device configure to communicate with a satellite constellation. Yao teaches a smart user device (fig. 1 number 18) configure to communicate with a satellite constellation (fig. 1 number 28 and P:0028). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify YAMASUMI with a smart user device configure to communicate with a satellite constellation in order for the user device to communicate with the satellite of a satellite constellation using the internet or requesting GPS assistance when emergency service is needed outside the service core network area, as taught by Yao.
6. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over YAMASUMI (JP 200006892 A) in view of Yao (US 2019/0394534) as applied to claim 1 above and in further view of Sheng et al. (US 20160212721).
Regarding claim 2, the combination of YAMASUMI and Yao differs from claim 2 of the present invention in that they do not explicit disclose the one or more network interfaces includes a third network interface configured to communicate with a smartphone. Sheng et al. teaches a wireless terminal (fig. 1 number 30) includes a D2D interface configured to communicate with a smart phone (abstract and P:0025). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the combination of YAMASUMI and Yao with the one or more network interfaces includes a third network interface configured to communicate with a smartphone in order for the user device to communicate via an internet protocol when relaying data from a smart phone to the core network when emergency service is needed outside the service area, as taught by Sheng et al..
7. Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over YAMASUMI (JP 200006892 A) in view of Yao (US 2019/0394534) as applied to claim 1 above and in further view of Nations et al. (US 6,879,808).
Regarding claims 3-5, the combination of YAMASUMI and Yao differs from claims 3-5 of the present invention in that they do not explicit disclose a memory coupled to the processor and configured to store cache data; and wherein the processor is configured to send the cache data to the satellite constellation, the cache data comprises one or more of data received from the core network or data received from the satellite constellation and the cache data comprises alternative data path data determined by the processor. Nations et al. teaches a user terminal (fig. 1 number 32 and/or personal computer (fig. 3 number 34) comprising a cache memory coupled to the processor (i.e. personal computer) and configured to store cache data (fig. 1 number 33 and fig. 3 number 126); and the user terminal sends requested data included the cache data to the satellite constellation (abstract), data received from the satellite constellation (satellite) from the gateway (abstract) and the cache data Data is transferred from the cache memory 33 to the display connected to the Internet appliance (i.e. an alternate path, instead of the television, telephone facsimile) via the (personal computer) 34 when requested by the end user 30 (co. 5 lines 59-65, col. 6 lines 13-17 and/or col. 7 lines 8-23). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the combination of YAMASUMI and Yao with a memory coupled to the processor and configured to store cache data; and wherein the processor is configured to send the cache data to the satellite constellation, the cache data comprises one or more of data received from the core network or data received from the satellite constellation and the cache data comprises alternative data path data determined by the processor in order for the user device to store frequently used data and instructions, allowing the processing unit to access them quickly when receiving data from the satellite constellation or core network which could be sent to the mobile phone terminals or displayed by the user device when emergency service is needed outside the service area, as taught by Nations et al..
Allowable Subject Matter
8. Claims 6-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
9. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 6, the prior art of record fails to teach or suggest alone or in combination a smart satellite within the satellite constellation, the smart satellite comprising: one or more communication interfaces including a first communication interface configured to communicate with one or more gateways that are coupled to the core network, a second communication interface configured to communicate with the smart UE device and one or more other UE devices; and a processor coupled to the one or more communication interfaces, the processor configured to determine one or more data paths for communication of data between the core network and a selected UE device, the one or more data paths including an alternative data path that includes the smart UE device as the virtual gateway between the core network and the smart satellite via the alternative gateway.
10. Claims 10-20 are allowed.
11. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10, the prior art of record fails to teach or suggest alone or in combination
one or more communication interfaces including a first communication interface configured to
communicate with one or more gateways that are coupled to a core network, a second communication interface configured to communicate with a smart user (UE) device and one or more other UE devices; and a processor coupled to the one or more communication interfaces, the processor configured to determine one or more data paths for communication of data between the core network and a selected UE device, the one or more data paths including an alternative data path that includes the smart UE device as a virtual gateway between the core network and the smart satellite via an alternative gateway communicatively coupling the smart UE device and the core network.
Regarding claim 17, the prior art of record fails to teach or suggest alone or in combination a processor coupled to the one or more network interfaces and configured to operate as a virtual gateway to forward data for other users between the core network and the satellite constellation; the smart satellite within the satellite constellation, the smart satellite comprising: one or more communication interfaces including a first communication interface configured to communicate with one or more other satellites inside or outside the satellite constellation, a second communication interface configured to communicate with one or more second gateways that are coupled to the core network, and a third communication interface configured to communicate with the smart UE device and one or more other UE devices; and a processor coupled to the one or more communication interfaces, the processor configured to determine one or more data paths for communication of data between the core network and a selected UE device, the one or more data paths including an alternative data path that includes the smart UE device as the virtual gateway between the core network and the smart satellite.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sengupta et al. (US 2022/0015148) discloses a smart satellite comprising alternate paths (fig. 1 number s 120, 125 and P:0074).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH FERGUSON whose telephone number is (571)272-7865. The examiner can normally be reached M-F 7 am -3 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley L Kim can be reached at (571) 272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEITH FERGUSON/Primary Examiner, Art Unit 2648
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